Centwin Housing Private Limited v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.P.M.P.(Crl).No.77 of 2025 Centwin Housing Private Limited, No.4, 10th Street, Nandanam Extension, Nandanam, Chennai - 600 035, Represented by its Director, Sujai Anand.D .. Petitioner

Versus

1. The Commissioner of Police, Tambaram, Office of the Commissioner of Police, Tambaram, Elcot Sez, Karapakkam, Sholinganallur, Chennai - 600 119.

2. The Inspector of Police, C-3, Manimangalam Police Station, SH 110, Pushpagiri, Manimangalam, Tamil Nadu - 602 301.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the respondent Police authorities not to harass or coerce the petitioner, its directors or personnel in any manner and further restraining the respondents from interfering in the possession of the petitioner in respect of the land admeasuring 42.10 1/7

Acres, comprised in Survey Nos.28/2, 36/1, 37/1A & various other survey numbers, situated at No.144, Vanchuvancherry village, Kundathur Taluk and Kancheepuram district.

For Petitioner : Mr.P.V.Balasubramanian, Senior Counsel, for Mr.J.Lenin For Respondents : Mr.S.Vinoth Kumar, Government Advocate (Crl. Side),

ORDER

This Writ Petition is filed directing the authorities not to harass or coerce the petitioner or its Directors or its personnel in any manner and further restraining the respondents from interfering with the possession of the petitioner in respect of the land admeasuring 42.10 acres comprised in S.Nos.28/2 situated at No.144, Vanchuvancherry village, Kundrathur taluk, Kancheepuram district.

2. Heard Mr.P.V.Balasubramanian, learned Senior Counsel for the petitioner and Mr.S.Vinoth Kumar, learned Government Advocate (Crl. Side) for the respondents.

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3. The learned Senior Counsel for the petitioner would submit that when the matter is essentially in the nature of a civil dispute and when the petitioner has already been entrusted possession and is developing the property, the parties to the contract and third parties are trying to lodge Police complaint and they are indirectly trying to harass and coerce the petitioner to deliver possession, which is illegal. It is also submitted that with reference to the civil matters, the matters are pending in arbitration between the parties.

4. When the matter is taken up for hearing, the learned Government Advocate (Crl. Side) for the respondents, on written instructions, would submit upon complaint from one Irshad Ali, for enquiring into the said complaint, the petitioner and its Directors were summoned. After enquiry, it is already decided that the matter is civil in nature and the petition is closed with an advise to the parties to approach the competent Civil Court. The respondent Police will not in any manner interfere with the aspect of possession which is civil matter.

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5. The same is recorded. Therefore, the apprehensions of the petitioner have been allayed by the submission made by the learned Government Advocate (Crl. Side) for the respondents.

6. Accordingly, recording that the petition has already been closed as civil in nature, this Writ Petition stands closed. There shall be no order as to costs.

26.06.2025 : yes/no grs To

1. The Commissioner of Police, Tambaram, Office of the Commissioner of Police, Tambaram, Elcot Sez, Karapakkam, Sholinganallur, Chennai - 600 119.

2. The Inspector of Police, C-3, Manimangalam Police Station, SH 110, Pushpagiri, Manimangalam, Tamil Nadu - 602 301.

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D.BHARATHA CHAKRAVARTHY, J., grs 26.06.2025 5/7

D.BHARATHA CHAKRAVARTHY.J., Today, this matter is listed under the caption 'for being mentioned'.

2. It is noted from the copy of the order, dated 26.06.2025, that the connected miscellaneous petition has not closed.

3. In view thereof, the following sentence shall be included as the last line in paragraph No. 6:

" Consequently, connected miscellaneous petition is also closed."

4. Therefore, the Registry is directed to incorporate the above sentence and issue a fresh copy of the order. 02.07.2025 nsl 6/7

D.BHARATHA CHAKRAVARTHY, J., nsl 02.07.2025 7/7